A Federal Court judge said she was unable to censure National Defence for taking a three-year extension on delivering records requested under the Access to Information Act, an extension the commissioner had argued was unreasonable.

The ruling earlier this month has raised concerns that other departments may now give themselves longer extensions for responding to access-to-information requests, making an existing delay problem even worse.

The case involved a request in late 2010 for documents related to the sale of surplus Canadian military assets to Uruguay.

National Defence gave itself a 1,110-day extension to provide the material, or just over three years.

The requester complained to Legault, who took the case to court — and lost in a judgment March 3.

Judge Catherine Kane ruled that the way the act is worded does not allow her to censure National Defence by issuing a declaration in favour of the information commissioner.

Kane said the act would have to be rewritten on the matter of extensions — a responsibility of Parliament — for any judge to intervene.

The judge also acknowledged, however, that the issues Legault raised are important and in the public interest and are likely to arise again.

The information commissioner has until April 2 to seek leave to appeal. A spokeswoman, Natalie Hall, declined comment saying only that the office is analyzing the decision and “considering our options.”

The ruling “provides almost a safe haven or provides sort of an amnesty to departments,” he said in an interview.

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